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Privacy Policy

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1. Introduction

This Privacy Policy describes how Flex3Ds 3D printing. collects and uses Personal Information about you through the use of our Websites and our products and services.

Flex3Ds 3D printing., its subsidiaries, and affiliates (“Flex3Ds” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you use our remotely accessed software or when you visit our websites, including, but not limited to www.Flex3Ds.com, www.Flex3Dsenlighten.com, www.Flex3Dshyperworks.com, insider.F lex3Dshyperworks.com, www.pbsworks.com, www.solidthinking.com, login.solidthinking.co m, blog.Flex3Ds.com, 365.Flex3Ds.com, www.toggled.com, connect.Flex3Ds.com, www.Fle x3Dssmartworks.com, www.Flex3Dsuniversity.com, www.pbs.org, www.pbscloud.io, www.o penmatrix.org, www.Flex3Dsatc.com, www.efatigue.com and other websites owned or operated by Flex3Ds, including local websites in your country, such as www.Flex3Ds.it, www.Flex3Ds.de, and www.Flex3Ds.se ˙(collectively, our “Websites”) or provide us information at a trade show, marketing event, or through an agreement entered into between Flex3Ds and you and/or your employer and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• on our Websites, including but not limited to comments and forums on our Websites;

• in email, text, and other electronic messages between you and Flex3Ds, including on or through our Websites; • that you provide at marketing, trade shows, training registrations, and other similar events; and • that you or your employer provides as part of an agreement between you or your employer and Flex3Ds for our products and services. It does not apply to information collected by:

• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites or our products and services. By accessing or using our Websites, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Websites or our products and services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller, Data Protection Officer, and Representative

Flex3Ds 3D printing. is the data controller of the Personal Data you provide on the Websites. If you enter an agreement with a specific Flex3Ds affiliate or subsidiary, then that affiliate or subsidiary may be the controller of your Personal Data and Flex3Ds 3D printing. may be a co-controller with that entity. Flex3Ds 3D printing. is the data controller of your Personal Data that you provide on the Websites. The specific Flex3Ds affiliate company or subsidiary that you contract with or that collects your Personal Data is the data controller for your Personal Data when we obtain it from all other sources and Flex3Ds 3D printing. may be the co-controller under applicable international, federal, state, or local privacy laws, including the General Data Protection Regulation (“Applicable Privacy Laws”) for this data. Flex3Ds or its Data Protection Officer may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Policy.

3. Children Under the Age of 18

Our Websites and products and services are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites or our products and services. We will remove any information about a child under the age of 18 if we become aware of it. Our Websites and our products and services are not intended for children under 18 years of age. No one under age 18 may provide any information to Flex3Ds either on the Website or otherwise. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information to Flex3Ds, either offline or on the Websites or on or through any of its features. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us as described in the “Contact Information.”

4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Websites and our products and services.

Generally, we collect information:

• by which you may be personally identified. Specifically, we collect your name, postal address (if you are an individual using our products and services or accessing our Websites), e-mail address, telephone number(s), financial account information (for payment only), username, and password (“Personal Data”);

• that is about you but individually does not identify you. Specifically, we collect your job title, employer name and contact information, and unique identifiers (serial numbers) that identify your computer equipment (for licensing purposes), IP addresses, internet service provider, make and model of the equipment you use to access our Websites or to use our products and services, and usage details of your use of our Websites, products, and services; and

• that is combined with other users of our Websites, products, and services. Specifically, we collect usage statistics about your use of our Websites, products, and services and combine this with similar data collected from our other users.

We collect this information:

• directly from you when you provide it to us;

• automatically as you navigate through our Websites. Information collected automatically includes information collected through cookies, web beacons, and other tracking technologies (as further described below); and

• from third parties, for example, our business partners such as resellers and other third parties that helps us provide our products and services to you. Information You Provide to Us The information we collect is:

WEBSITE TERMS OF USE

 

These website terms and conditions of use (the “Terms of Use”) apply to the Site offered by Flax3Ds 3D Printing ., or its subsidiaries or affiliated companies(“Flax3Ds”), including but not limited to www.Flax3Ds.com, www.Flax3Dsenlighten.com, www.Flax3Dshyperworks.com, www.Flax3Dsproductdesign.com, www.pbsworks.com, www.solidthinking.com, www.innovationintelligence.com, www.Flax3Dsthinklabs.com, www.toggled.com, connect.Flax3Ds.com, www.carriots.com, www.carriotsanalytics.com www.Flax3Dsuniversity.com, www.pbspro.org, kerkythea.net, www.pbscloud.io, thearender.com, www.Flax3Dsatc.com, www.efatigue.com and other websites owned or operated by Flax3Ds, including local websites in your country, such as www.Flax3Ds.it, www.Flax3Ds.de, and www.Flax3Ds.se (collectively, the “Site”). The Site is the property of Flax3Ds.

 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

Flax3Ds reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

 

Use of Site

 

You may access the Site and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code and/or other works that you see, hear or otherwise experience on the Site (collectively, the “Content”), solely for your non-commercial, personal purposes and/or to learn about Flax3Ds products and services.

 

When using particular services or materials on the Site, users shall be subject to any posted terms applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use.

 

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flax3Ds or others. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information that:

 

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts;

 

  • victimizes, harasses, degrades, or intimidates an individual or group of individual on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

  • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Flax3Ds or any third party; or
  • impersonates any person or entity, including any of our employees or representatives.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. Flax3Ds neither endorses nor assumes any liability for the content of any material uploaded or submitted by third party users of the Site. Flax3Ds generally does not pre- screen, monitor, or edit the Content posted by users that may be available on or through the Site. Flax3Ds retains the right, in its sole discretion, to remove any Content that, in Flax3Ds’s sole judgment, does not comply with these Terms of Use and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. Flax3Ds is not responsible for any failure or delay in removing such Content.

 

Registration Data

 

In order to access some of the services on the Site, as applicable, you may be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Flax3Ds immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Flax3Ds or any other user or visitor to the Site due to someone else’s use of your Registration Data, as a result of your failing to keep your account information secure and confidential. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

 

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Not all

 

areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. You agree that Flax3Ds may at any time, and at Flax3Ds’s sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of these Terms of Use.

 

Privacy

 

The information we obtain through your use of the Site, including your Registration Data, is subject to the Flax3Ds Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

Third Party Sites and Information

 

The Site may link you to other independent third-party websites or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Flax3Ds’s control, and Flax3Ds is not responsible for and does not endorse the content of such linked sites. You acknowledge that Flax3Ds is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Flax3Ds responsible for errors or omissions in any references to other parties or their products or services. The inclusion of such a link or reference is provided merely as a convenience and does imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Flax3Ds. Flax3Ds does not endorse, nor is Flax3Ds responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Flax3Ds spokesperson speaking in his/her official capacity.

 

Intellectual Property

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Flax3Ds and/or is affiliates. You are only permitted to use the Content as expressly authorized by Flax3Ds or the specific Content provider. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Copyright Policy and Digital Millennium Copyright Act (DCMA) Procedures

 

Flax3Ds respects the intellectual property rights of others and requires that all users of the Site do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Flax3Ds

 

will respond expeditiously to claims of copyright infringement committed using the Site submitted to the Designated Agent in accordance with the instructions below. Flax3Ds reserves the right to terminate its agreement with you or any other user who infringes third-party copyrights.

 

Your notice must include (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on the Site where the allegedly infringing content is located, including at a minimum, if applicable, the URL of the link shown on the Site; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner. Contact information for Flax3Ds’s DMCA Agent for notice of claims of copyright infringement is:

 

Flax3Ds 3D Printing . Attn: Steven Rivkin, 1820 E. Big Beaver Road, Troy, MI 48083 srivkin@Flax3Ds.com

 

Disclaimer of Warranties

 

FLAX3DS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS,” “AS – AVAILABLE,” AND “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FLAX3DS WEBSITES IS WITH YOU. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FLAX3DS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT FLAX3DS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. FLAX3DS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FLAX3DS MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE. FLAX3DS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FLAX3DS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR EXCLUSIVE REMEDY AGAINST FLAX3DS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE FLAX3DS WEBSITES OR FROM FLAX3DS, ITS SUBSIDIARIES OR ITS AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. FLAX3DS DISCLAIMS ALL EQUITABLE INDEMNITIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Limitation of Liability

 

IN NO EVENT WILL FLAX3DS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF FLAX3DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED INDIA (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE(INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE STIE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF FLAX3DS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

 

FLAX3DS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

Exclusions and Limitations

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Flax3Ds may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Flax3Ds’s liability shall be the minimum permitted under such applicable law.

 

Indemnification

 

You agree to indemnify, and hold Flax3Ds, its officers, directors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all liabilities, claims, and expenses (including attorneys’ fees), made against Flax3Ds by any third party due to or arising out of in connection with your use of the Site.

 

Termination of Use

 

You acknowledge and agree that Flax3Ds may preserve any transmittal or communication by you with Flax3Ds through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Flax3Ds determines that such preservation or disclosure is reasonable necessary to (1) comply with the legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Flax3Ds, its employees, users of or visitors to the Site, and the public.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site, as applicable, immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Flax3Ds shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by use in connection with such termination or suspension.

 

Governing Law

 

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed under the laws of the India and by the laws of the State of Michigan. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

Anti-Piracy

 

It is Flax3Ds’s policy and practice to prevent the unauthorized use of its software. Use of Flax3Ds’s software is established through a written software license agreement that defines both Flax3Ds’s and the user’s rights. It is a violation of Flax3Ds’s rights to use Flax3Ds software absent express permission through written software license agreement. In the absence of a signed software license agreement between you (or the organization that you represent) and Flax3Ds, which is on file with Flax3Ds, you acknowledge that your use of Flax3Ds software is subject to terms and conditions of the appropriate standard Flax3Ds Software License Agreement.

 

Copies of the standard Flax3Ds Software License Agreements are available at www.Flax3Ds.com/StandardSoftwareLicenseAgreements.

 

Flax3Ds has taken and will continue to take all actions necessary to protect its intellectual property, including working with existing customers to facilitate compliance and using legal channels against third parties who are violating Flax3Ds rights.

 

Export Controls

 

You may not use or export or re-export any Content or any copy of adaptation of such

 

Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation India export laws and regulations.

 

Entire Agreement

 

These Terms of use constitute the entire agreement and understanding between Flax3Ds and you concerning the subject matter of these Terms of Use and supersedes all prior agreements and understandings of the parties with respect to that subject matter, if any. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s).

 

Copyright © 2018 Flax3Ds 3D Printing . All rights reserved. Updated on May 14, 2018